As part of our Patents practice, we provide post grant review (PGR) services.
Patent Post-Grant Review (PGR) is one of the newest proceedings available in the US Patent & Trademark Office (USPTO). PGR provides a means to challenge an issued patent. However, a PRG request must be filed within nine months of issuance. Therefore, time is of the essence to challenge a patent through Post-Grant Review.
Combining experience in patent prosecution and litigation, we serve both patent holders as well as challengers in Patent Post-Grant Review.
Post-Grant Review of Patents
PGR provides a broader means to attack the validity of a patent as compared to inter partes review and ex parte reexamination. A third party may challenge a patent through a Post-Grant Review based on any of the following grounds:
Invalidity under 35 U.S.C. § 282(b)(2) or (3)
Patent subject matter eligibility or utility under 35 U.S.C. § 101
Novelty under 35 U.S.C. § 102
Obviousness under 35 U.S.C. § 103
Enablement, written description, and definiteness under 35 U.S.C. § 112.
Process for Patent Post-Grant Review
Post-Grant Review is generally only available to challenge patents having an effective filing date after March 16, 2013. However, covered business method (CBM) patents are eligible for Post-Grant Review regardless of their filing date. Patent PRG challenges are time-limited requiring filing within nine months of patent issue date.
Patent Post-Grant Review Attorneys
Our patent attorneys have experience in prosecution, enforcement, and handling disputes of IP rights. We also have experience in complex litigation related to patents, trademarks, copyrights, and technology. Our experience in IP and business law gives us a broad range of knowledge in protecting patent rights. Additionally, we take time to understand out client's business needs and objectives to align our services to meet those goals.